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Bankruptcy Law Commons

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Bankruptcy Law

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Articles 121 - 150 of 192

Full-Text Articles in Bankruptcy Law

Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport Jul 1995

Seeing The Forest And The Trees: The Proper Role Of The Bankruptcy Attorney, Nancy B. Rapoport

Indiana Law Journal

No abstract provided.


A Mini-Theme On Bankruptcy, Walter Effross Jan 1995

A Mini-Theme On Bankruptcy, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Bankruptcy In Russia: The Evolution Of A Comprehensive Russian Bankruptcy Code, Paul Williams, Paul Wade Jan 1995

Bankruptcy In Russia: The Evolution Of A Comprehensive Russian Bankruptcy Code, Paul Williams, Paul Wade

Scholarly Articles in Law Reviews & Journals

This article traces the development of the current bankruptcy code, with it origins in the early economic laws of perestroika; explains key provisions of the current law; and comments on the prospects for its effective implementation. The intent of this article is to provide a balanced understanding of the Russian bankruptcy code useful both to the study of the emergence of a market-based economy in Russia and as a bankruptcy primer for individuals or corporations conducting business in Russia.


Anti-Intellectualism, Pierre Schlag Jan 1995

Anti-Intellectualism, Pierre Schlag

Cardozo Law Review

There is a recurrent sameness to American legal thought. It is the sameness that comes from saying over and over again what the law is and saying it, of course, in a way that conforms with the law itself.


The New Rawlsian Theory Of Bankruptcy Ethics, Mary Josephine Newborn Aug 1994

The New Rawlsian Theory Of Bankruptcy Ethics, Mary Josephine Newborn

Cardozo Law Review

Bankruptcy law was once considered a rather insular sub-specialty of commercial law. Bankruptcy scholars of an earlier time devoted their energies to drafting bankruptcy legislation, mastering its particulars, and systematizing the case law. When these scholars attempted to locate larger themes in bankruptcy, they labored with great deference to positive expressions of bankruptcy's purpose.


The Priority Of Postpetition Retainers, Carve-Outs, And Interim Compensation Under The Bankruptcy Code, Criag B. Cooper Apr 1994

The Priority Of Postpetition Retainers, Carve-Outs, And Interim Compensation Under The Bankruptcy Code, Criag B. Cooper

Cardozo Law Review

Although attorneys are specifically granted an administrative expense priority pursuant to section 507(a)(1) of the Bankruptcy Code ("Code"), other creditors might have even higher priorities. Three such examples come to mind. First, if a secured creditor has been promised adequate protection of its collateral which subsequently fails, the secured party is given a higher priority under section 507(b). Second, a debtor-in-possession ("DIP") under the authority of section 364(c)(1) may grant to a postpetition lender a higher priority than the one provided in section 507(a)(1). Third, if a Chapter 11 case is converted to Chapter 7 the fate of 90 percent …


The Direct Action Against Insurers In Cercla Insolvency Cases: An Ideal Whose Time Has Come?, Peter R. Mounsey Oct 1993

The Direct Action Against Insurers In Cercla Insolvency Cases: An Ideal Whose Time Has Come?, Peter R. Mounsey

William & Mary Environmental Law and Policy Review

No abstract provided.


No Fault Equitable Subordination: Reassuring Investors That Only Government Penalty Claims Are At Risk, Scott M. Browning Feb 1993

No Fault Equitable Subordination: Reassuring Investors That Only Government Penalty Claims Are At Risk, Scott M. Browning

William & Mary Law Review

No abstract provided.


Rethinking Professor Westbrook's Two Thoughts About Insider Preferences, Peter A. Alces Jan 1993

Rethinking Professor Westbrook's Two Thoughts About Insider Preferences, Peter A. Alces

Faculty Publications

No abstract provided.


Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross Jan 1993

Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Bankruptcy And Subleases: The Depravity Of Privity, Rhonda S. Berliner Aug 1992

Bankruptcy And Subleases: The Depravity Of Privity, Rhonda S. Berliner

Cardozo Law Review

No abstract provided.


Value And Rationality In Bankruptcy Decisionmaking, Donald R. Korobkin Feb 1992

Value And Rationality In Bankruptcy Decisionmaking, Donald R. Korobkin

William & Mary Law Review

No abstract provided.


"Reasonable Expectations" Define Board Power To Liquidate A Solvent Close Corporation In Bankruptcy, Shelby D. Green Jan 1992

"Reasonable Expectations" Define Board Power To Liquidate A Solvent Close Corporation In Bankruptcy, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This Article will argue that, in the absence of contrary provisions in the articles of incorporation, the power of the board of directors of a solvent close corporation to file a voluntary petition for liquidation in bankruptcy must be determined by the theory of “reasonable expectations.” This doctrine not only addresses wrongdoing by those in control, but also defines the power and rights of close corporation participants. Part II briefly considers the uses of bankruptcy in recent years and comments on the peculiar occasion of a solvent corporation deciding to liquidate in bankruptcy. Part III summarizes the facts and identifies …


Bankruptcy Law - Third Circuit Applies Section 1110 Of Bankruptcy Code To Sale-Leaseback Transactions, Sherri L. Albert Jan 1992

Bankruptcy Law - Third Circuit Applies Section 1110 Of Bankruptcy Code To Sale-Leaseback Transactions, Sherri L. Albert

Villanova Law Review (1956 - )

No abstract provided.


Bankruptcy Law - The Exemption Of Erisa-Qualified Plans From The Bankruptcy Estate, James A. Boyd Jr. Jan 1992

Bankruptcy Law - The Exemption Of Erisa-Qualified Plans From The Bankruptcy Estate, James A. Boyd Jr.

Villanova Law Review (1956 - )

No abstract provided.


Developments In Trading Claims And Taking Control Of Corporations In Chapter 11, Chaim J. Fortgang, Thomas Moers Mayer Oct 1991

Developments In Trading Claims And Taking Control Of Corporations In Chapter 11, Chaim J. Fortgang, Thomas Moers Mayer

Cardozo Law Review

No abstract provided.


Claims And Control In Chapter 11 Cases: A Call For Neutrality, Herbert P. Minkel Jr., Cynthia A. Baker Oct 1991

Claims And Control In Chapter 11 Cases: A Call For Neutrality, Herbert P. Minkel Jr., Cynthia A. Baker

Cardozo Law Review

No abstract provided.


Tolerance: The Bridge Between Religious Liberty And Privacy, David Rudenstine Feb 1991

Tolerance: The Bridge Between Religious Liberty And Privacy, David Rudenstine

Cardozo Law Review

No abstract provided.


Deprizio's Honor: Lenders, Insider Guarantors And The Prisoners' Dilemma, Walter Effross Jan 1991

Deprizio's Honor: Lenders, Insider Guarantors And The Prisoners' Dilemma, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Stockbroker Liquidations Under The Securities Investor Protection Act And Their Impact On Securities Transfers, Michael E. Don, Josephine Wang Dec 1990

Stockbroker Liquidations Under The Securities Investor Protection Act And Their Impact On Securities Transfers, Michael E. Don, Josephine Wang

Cardozo Law Review

No abstract provided.


Trading Claims And Taking Control Of Corporations In Chapter 11, Chaim J. Fortgang, Thomas Moers Mayer Oct 1990

Trading Claims And Taking Control Of Corporations In Chapter 11, Chaim J. Fortgang, Thomas Moers Mayer

Cardozo Law Review

No abstract provided.


An Individual Debtor’S Right To Avoid Liens Under Section 506(D) Of The Bankruptcy Code, Tracy Springer Oct 1990

An Individual Debtor’S Right To Avoid Liens Under Section 506(D) Of The Bankruptcy Code, Tracy Springer

Cardozo Law Review

No abstract provided.


Suretyship As Adequate Protection In Bankruptcy: The Status Of Unsecured Third Party Guaranties Under Section 361 Of The Bankruptcy Code, Stephen A. Weiss Oct 1990

Suretyship As Adequate Protection In Bankruptcy: The Status Of Unsecured Third Party Guaranties Under Section 361 Of The Bankruptcy Code, Stephen A. Weiss

Cardozo Law Review

No abstract provided.


Forms, Charles M. Yablon Jul 1990

Forms, Charles M. Yablon

Cardozo Law Review

No abstract provided.


"Killing The Husband": Disallowing Contingent Claims For Contribution Or Indemnity In Bankruptcy, Donald R. Korobkin May 1990

"Killing The Husband": Disallowing Contingent Claims For Contribution Or Indemnity In Bankruptcy, Donald R. Korobkin

Cardozo Law Review

No abstract provided.


Structured Finance: The New Way To Securitize Assets, Steven L. Schwarcz Feb 1990

Structured Finance: The New Way To Securitize Assets, Steven L. Schwarcz

Cardozo Law Review

No abstract provided.


The Exclusivity Period In Section 1121: How Exclusive Is It, Ross L. Weston Feb 1990

The Exclusivity Period In Section 1121: How Exclusive Is It, Ross L. Weston

Cardozo Law Review

No abstract provided.


Good Faith And Chapter 13 Discharge: How Much Discretion Is Too Much?, Ellen M. Horn Feb 1990

Good Faith And Chapter 13 Discharge: How Much Discretion Is Too Much?, Ellen M. Horn

Cardozo Law Review

No abstract provided.


The Collapsed Leveraged Buyout And The Trustee In Bankruptcy, James F. Queenan Jr. Oct 1989

The Collapsed Leveraged Buyout And The Trustee In Bankruptcy, James F. Queenan Jr.

Cardozo Law Review

Leveraged buyouts bring about concentration of a corporation's ownership in the hands of a few stockholders. This permits the stockholders to control the corporation with the incentive to operate it efficiently in order to realize the entire profit for themselves. Such a joinder of control and ownership, however, is produced at great cost to the corporation, which provides most of the funds used to purchase the stock from the selling shareholders. There is, therefore, the danger of prejudice to a non-stockholder constituency-the corporation's creditors, employees, customers, and the community in which it is located. It is the thesis of this …


Equitable Distribution Requires Equitable Valuation: A Proposal For Amending New York's Equitable Distribution Law, Jacqueline B. Stuart Aug 1989

Equitable Distribution Requires Equitable Valuation: A Proposal For Amending New York's Equitable Distribution Law, Jacqueline B. Stuart

Cardozo Law Review

No abstract provided.